Workers' Compensation: Joint Special Employer: Dual Liability

The complex issue of employment status, specifically whether an individual can be considered a "joint special employer" in the context of workers' compensation was the subject of a recent court ruling. The New Jersey Superior Court, Appellate Division, examined the case of Joseph Vola, a police officer injured while on an extra traffic duty assignment for Asplundh Tree Experts, arranged through the City of Northfield.

The core dispute was whether Asplundh shared an employment relationship with Vola, making them jointly liable for his injuries alongside Northfield. Asplundh argued against this, citing the lack of a direct employment contract, no wage payments to Vola, the assignment being made by Northfield, and minimal interaction with Asplundh employees.

Court Rationale

The court upheld the workers' compensation judge's decision that Asplundh was indeed a "joint special employer". The rationale hinged on several factors:

Municipal Ordinance: The court considered Northfield's municipal code, which governed the extra duty assignment. This included provisions requiring Asplundh to pay for Vola's traffic control services and outlining indemnification and hold harmless agreements between Northfield and Asplundh.
Indemnification Agreement: A key piece of evidence was the indemnification and hold harmless agreement between Northfield and Asplundh, which obligated both parties to share the expense of workers' compensation benefits for Vola.
Domanoski Precedent: The court relied on the principles established in Domanoski v. Borough of Fanwood, 237 N.J. Super. 452, 456 (App. Div. 1989), which supports the concept of dual employment where an individual serves the interests of both a public entity and a private company. Vola was found to be serving Northfield's public interest in traffic safety and Asplundh's private interest in protecting its employees.
Special Mission Doctrine: Although Asplundh did not brief this issue on appeal, the court also noted the applicability of the special mission doctrine. This doctrine allows for workers' compensation benefits for injuries sustained outside the conventional workplace if the employee is engaged in the direct performance of employment duties, and the travel is integral to the mission. The court determined Vola was acting within the scope of his employment from the moment he left the police station for the assignment.

The court concluded that sufficient credible evidence supported the finding of a dual employment relationship between Vola, Northfield, and Asplundh.

Key Takeaways

An individual can be considered a joint special employee even without a direct employment contract or direct wage payments from one of the employers.
Agreements and ordinances outlining responsibilities, such as indemnification and payment for services, can be crucial in establishing a joint employment relationship.
The Domanoski case provides a framework for analyzing dual employment when a public employee also serves a private entity's interests.
The special mission doctrine can extend workers' compensation coverage to injuries occurring during travel if the travel is an integral part of the job assignment.

Vola v City of Northfield, et al., DOCKET NO. A-1627-23, (NJ App. Div. 2025), Decided May 14, 2025.

UNPUBLISHED OPINION. CHECK COURT RULES BEFORE CITING.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

This opinion shall not “constitute precedent or be binding upon any court.” Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited. R. 1:36-3. Superior Court of New Jersey, Appellate Division.

Recommended Citation: Gelman, Jon, Joint Employer: Vola v. Northfield, www.gelmans.com (05/14/2025) https://workers-compensation.blogspot.com/2025/05/joint-special-employer-dual-liability.html

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*Jon L. Gelman of Wayne, NJ, is the author of NJ Workers' Compensation Law (West-Thomson-Reuters) and co-author of the national treatise Modern Workers' Compensation Law (West-Thomson-Reuters). For over five decades, the Law Offices of Jon Gelman 1.973.696.7900
jon@gelmans.com has represented injured workers and their families who have suffered occupational illnesses and diseases.